Jurors hear evidence in penalty phase of Worcester murder trial

WORCESTER — A jury began hearing evidence Monday in the enhanced penalty phase of the Shane M. Spencer trial.

A Worcester Superior Court jury acquitted Mr. Spencer last week on a charge of murder in the July 29, 2006, shooting death of 25-year-old Luis A. Arocho-Ortiz, but found him guilty of carrying a firearm without a license and unlawful possession of ammunition.

The charges related to the .22-caliber semiautomatic handgun that prosecutors allege was used in the drive-by shooting on Southgate Street that took Mr. Arocho-Ortiz's life.

Mr. Spencer, 27, formerly of 7 Mott St., was indicted on the firearm and ammunition charges as a career criminal with three prior convictions for crimes of violence or drug offenses.

A second jury was chosen Monday to hear the enhanced penalty phase of the case. If prosecutors are able to convince the jury that Mr. Spencer had three prior convictions for crimes of violence or drug offenses, he faces a minimum of 15 years in prison and a maximum of 40.

Without the penalty enhancements, he could be sentenced to no more than 7 years behind bars. In either case, Mr. Spencer will receive credit for the nearly seven years he spent in custody awaiting the resolution of the charges against him.

In her opening statement to the jury, Assistant District Attorney Lisa Casella said she would produce evidence to show that Mr. Spencer was convicted of "violent offenses" on three occasions in 2004 and 2006. She said they included a conviction for assault and battery on his mother on April 8, 2004, a conviction for assault and battery on his sister on Dec. 30, 2004, and a conviction for assault and battery with a dangerous weapon, a motor vehicle, on Jan. 25, 2006.

Mr. Spencer's lawyer, Joan M. Fund, downplayed the incidents that led to the convictions for assault and battery on members of her client's family, saying there were no weapons involved and no injuries. She also noted that Mr. Spencer was still in his teens when the charges were lodged.

Police Officer Kevin Krusas testified that he filled out an application for a criminal complaint charging Mr. Spencer with assault and battery on his mother, Carolynn Spencer, on March 5, 2004, after being dispatched to Ms. Spencer's home at 7 Mott St. Officer Krusas said the allegation in the complaint application that Mr. Spencer assaulted his mother by "pushing her around" was based on what he was told by Ms. Spencer.